The standard for defeating equitable disgorgement is lower than the proof required to fend off receipt of a fraudulent transfer.
Chapter 7 can be inaccessible for a married debtor living in the same household with a nonfiling spouse who has substantial income.
The value of a debtor’s interest in entireties property isn’t necessarily 50% of the value of the entire property.
Federal courts have no jurisdiction to review decisions by Puerto Rico’s Oversight Board regarding the reduction of pension benefits.
Disputed facts can defeat invocation of judicial estoppel on summary judgment.
The First Circuit BAP suggests that invocation of the borrower defense with regard to dischargeability of student loans requires exhaustion of administrative remedies in the Department of Education.
Splitting with the Ninth Circuit, the First Circuit holds that claims under the Takings Clause cannot be discharged in a municipal bankruptcy.
Dissenter implies that the First Circuit should sit en banc and rule that the Oversight Board’s sovereign immunity was not waived
First Circuit won’t allow artful pleading to avoid the automatic stay in municipal bankruptcies.
Over a vigorous dissent, the First Circuit Joins the Ninth Circuit by holding that Section 106(a) waives tribes’ sovereign immunity.
